Diana Lucia Martinez’s Answers

Diana Lucia Martinez

Ontario Divorce / Separation Lawyer.

Contributor Level 14
  1. MSC & briefs explained please

    Answered over 2 years ago.

    1. Diana Lucia Martinez
    2. Rhonda Diane Ellifritz
    3. Howard M Lewis
    3 lawyer answers

    Lack of communication is one of the biggest complaints against family law attorneys. I don't really understand it. I know that there are times that a person going through a divorce does not "hear" what is being said (usually because of the heightened emotional state they are in). But that is no excuse. It is the attorney's job to make sure the client is informed and aware of what is going on in their case. If you have a communication problem with your attorney, it is up to you to let him/her...

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  2. MSC

    Answered over 2 years ago.

    1. Diana Lucia Martinez
    2. Howard M Lewis
    2 lawyer answers

    It sounds like your case is slipping through the cracks, so to speak. There are situations where counsel, for whatever reason, is not able to appear. And rather than request a continuance, the hearing maybe such that a special appearance on his/her behalf is appropriate. Judges do not like this practice, and neither to clients unless they are prepared for it (not a surprise). It sounds like you need to have a discussion with your attorney to find out what is going on. You already have a...

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  3. How can i find out what i would possibly get for child and spousal support if i get a divorce?

    Answered over 2 years ago.

    1. Timothy Miranda
    2. Diana Lucia Martinez
    2 lawyer answers

    My colleague is correct. There are a number of factors that you need to consider. If you have some basic information, you can visit the California department of child support services web site listed below and enter your information. But remember, the information you put in directly impacts what comes out. So if it is off or different or incorrect, you may be relying on numbers that are different from what your husband calculates. Also, the spousal support amount from the online formula is...

    5 lawyers agreed with this answer

  4. Divorce in CA, division of community and separate property under CA state law

    Answered almost 6 years ago.

    1. Diana Lucia Martinez
    2. David Carl Beyersdorf
    3. Alec Scott Rose
    3 lawyer answers

    In order to keep costs down, you may want to seek an attorney mediator to help your parents resolve. I am currently handling a matter in which the parties were married for over 30 years but have lived separately for over 1 years. The problems here is going to be agreeing on a date of separation. Date of separation is the date when one party communicates (orally or in writing) to the other that the marriage is over - they want out. This date is important because under California law it sets...

    1 lawyer agreed with this answer

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  5. Wife file for divorce and I was served at the job however the service was "improper" can the divorce continue if I don't respond

    Answered about 3 years ago.

    1. Diana Lucia Martinez
    2. Isileli Tupou Manaia Mataele
    3. Richard Forrest Gould-Saltman
    4. Edmund Lee Montgomery
    5. Patricia Christine Van Haren
    5 lawyer answers

    Under California law, if one spouse wants a divorce, they get it. Ignoring even an improperly served petition, will not prevent the divorce from moving forward. You will do yourself more harm than good if you don't respond. In most divorce cases, there is one spouse who wants the divorce done last year and the other spouse who doesn't want it at all. This creates a lot of conflict. I would suggest that you consult an attorney to understand your options for divorce (process, results,...

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  6. My husband filed the dissolution of marrage. We made living trust 3 years ago.The contents can be reflect to the court order?

    Answered about 2 years ago.

    1. Diana Lucia Martinez
    2. Michael Charles Schwerin
    3. Cameron Todd Norris
    3 lawyer answers

    A living trust is different from a pre or post marital agreement. California rules of community and separate property will still apply. Sometimes that's a straight 50/50 split. Often, it is more complicated than that. The living trust will, obviously, be dissolved to reflect what each of you will have after the divorce. You may want to consider discussing your concerns with either a collaborative attorney or an attorney mediator. You will find that there are more options in these to...

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  7. I was recently divorced through the Superior Court of California Placer County and my ex had an attorney and I did not.

    Answered about 2 years ago.

    1. Matthew Jacob Rudy
    2. Hillary Johns
    3. Diana Lucia Martinez
    4. Margaret Davalene Wilson
    4 lawyer answers

    Unfortunately, you are already experiencing the consequences of not have an attorney. And, now, you are continuing that same path, expecting a different result. Unless you have a full understanding of California Family Law and California Evidence Code, you are going to have the same results as you experienced previously. There are a number of places that provide free/low cost legal services for those who qualify. For those who do not, it is a choice to either hire an attorney or not. The...

    4 lawyers agreed with this answer

  8. My spouse refuses to proceed with the rest of the divorce process. What means do I have to compell her to act?

    Answered almost 3 years ago.

    1. Diana Lucia Martinez
    2. R Genyne Long
    2 lawyer answers

    If you work with the right resources, you may learn what is motivating your wife to delay. I have had these situations come up in my mediations. I have found that therapist/coaches are invaluable here. You do need to make sure that your legal interests are not being jeopardized or harmed. So I agree that you should speak to an attorney who can represent you individually (not a neutral). If that attorney understands and appreciates your the reasons you entered into mediation to begin with,...

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  9. When getting divorced, is it better to sell our house rather than keeping it?

    Answered almost 3 years ago.

    1. Diana Lucia Martinez
    2. Edmund Lee Montgomery
    2 lawyer answers

    Your questions depends on so many factors. I would suggest that when you do speak with your mediator, you ask about bringing in either a real estate co-mediator/neutral consultant or a financial planner/CPA co-mediator/neutral consultant, or both, or that you seek individual counsel from such professional(s). If the goal is to hold on to the property until values go back up, ask yourself "back up to what?" Most realtors agree that the values we saw 4 years ago were a complete fluke - which...

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  10. FL-150 INCOME AND EXPENSES DECLARATION- Are considered the IRAS as other deposit accounts in question 11.a ASSETS??

    Answered almost 2 years ago.

    1. Michael Charles Schwerin
    2. Diana Lucia Martinez
    3. Margaret Davalene Wilson
    4. Joseph Torri
    4 lawyer answers

    All community AND separate assets and debts in existence must be disclosed. FL-142 has an extensive list that identifies exactly what must be disclosed. IRAs are included in that list.

    3 lawyers agreed with this answer

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